Opinion on the entitlement of landowners under jda
Querist :
Anonymous
(Querist) 15 March 2024
This query is : Resolved
User
I am furnishing below the excerpts of agreement relating to the sharing of constructed area of a G+4 building under Joint Development Agreement between landowners and Developer.
EXCERPTS of Agreement:
Under Owner's allocation in Page 4 against point No.3 of the registered JDA, it is stated as under: That on construction of the multistoried building in the manner as stated hereinabove with qualitative materials the landowners shall jointly entitled to get as follows:
a) Owners will get 50 % of the entire sanctioned plan or constructed only.
b) The Owners will get the entire area of Second and Third floor and two Car Parking Spaces/ Garages measuring about 144 square feet Super Built-up area each which is within the Owner's allocation.
Based on the excerpts provided from the Joint Development Agreement (JDA), it appears that the landowners are entitled to 50% of the entire sanctioned plan or constructed area. Additionally, they are entitled to the entire area of the Second and Third floors, as well as two car parking spaces/garages measuring about 144 square feet each.
However, if the measurement of the constructed area exceeds or falls short of the agreed percentages, there are provisions for compensation or adjustment. If the garages are within the Owner's allocation, they would count towards the Owner's entitlement of 50% of the constructed area of the ground floor.
Therefore, it seems that the landowners are entitled to 50% of the constructed area, including the garages within their allocation, subject to the provisions for adjustments based on actual measurements. It would be advisable to consult with a legal expert to ensure the interpretation aligns with the specific terms and conditions of the agreement.
Kindly opine on the correctness of interpretation on the entitlement of landowners as 50% of the constructed area, as narrated above or otherwise, as the Developer disputes with the landowners as their entitlement on ground floor is only 288 sq ft.
kavksatyanarayana
(Expert) 15 March 2024
(a) Owners will get 50 % of the entire sanctioned plan or constructed only. (b) The Owners will get the entire area of the Second and Third floors and two Car Parking Spaces/ Garages measuring about 144 square feet of Super Built-up area each. So I opine the owners are entitled to 288 sq. ft. only.
T. Kalaiselvan, Advocate
(Expert) 16 March 2024
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